More details to this question:
My husband and I purchased a home and my son has right of survoirship. Now, my husband has a judgement against him before we were married. With all three of us on the deed of this house, can they make us sell our home or should we take my son off? My husband has a way of tricking me into things that works out for him and he has always said he would cheat me out of our home. I want to protect myself.
2 ANSWERS
Personal Injury Attorney serving Homestead, FL
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Abramson & Magidson, P.A.
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A joint tenant's interest is subject to levy and execution. See McDowell v. Trailer Ranch, Inc., 421 So. 2d 751 (Fla. 4th D.C.A. 1982). Therefore, as a general rule where a certified copy of a judgment has been recorded against a joint tenant with right of survivorship, such judgment lien must be released or shown as an exception to coverage.
One exception to the general rule exists. Since the interest of a joint tenant terminates upon his death, a lien on his interest is a lien on a defeasible interest. The lien terminates when, by reason of death, his interest in the tenancy terminates. See D.A.D., Inc. v. Moring, 218 So. 2d 451 (Fla. 4th DCA 1964). Therefore, where the joint tenant against whom a judgment lien exists dies and the property vests in the survivor, the judgment lien against the deceased tenant may be disregarded.
Answered on Mar 19th, 2017 at 5:52 AM
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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Your primary home is homestead protected from creditors. They cannot force you to sell. The judgment operates as a lien on the property and just hangs around so that if you sell the house, the creditor will be able to cash in at that time. Judgments expire after 20 years, so if it's older than that, you have no worries. I would not take your son's name off the title.
Answered on Feb 24th, 2012 at 8:19 PM